The conveyance at present or in future of the property by the transferor to himself or to the transferee during their life time can be called the transfer of property.[1] The transfer can be made of both movable and immovable property. However, there can be no transfer of property in the cases specified under Section 6 of The Transfer of Property Act, 1882. The transfer of property can take place in any of the forms under mentioned. Sale of the property transfers the same from the seller to the buyer. The property in goods in deliverable stage often passes as soon as the contract of sale is made. However, property transfers only when it is delivered or delivered to be reached to the buyer, in cases otherwise. The property could be transferred by the way of mortgages in relation to immovable properties and pledge pertaining to movable properties. Lease is another way of transferring property. Yet another way of transferring property is by the way of gift. The property could be transferred only by the persons of the age of majority, having title and authority to do so.[2] The transfer is void if otherwise over which the transferee would not have any good title. However, if such transferor had acted fraudulently and erroneously or misrepresented, he loses hold over the property.[3] The transferee then gets good title on property so transferred. He shall have all the interest which the transferor may acquire in such property at any time during which the contract of transfer subsists.[4] In the case under consideration, i.e., Mohammed Syedol Ariffin v. Yeoh Ooi Gark, (1916) LR 43 IA 256, the fact that the transferor was a minor at the time when he mortgaged certain properties as security for raising loan from the transferee, makes the transfer void. Therefore, the transferee cannot be made to pay on the property mortgaged. It would mean an enforcement of void contract vide Section 11[5] of the Indian Contract Act, 1872, read with Section 10[6] of the same. As evidence in support of pea of infancy, there was tendered at the trial an entry recording the date of defendant’s birth made by his deceased father in a book in which he made similar entries with regard to his family. The entry was held admissible as evidence having regard to the Indian Evidence Act, 1872, Section 32[7], sub- Section 5[8] and illustration (l)[9] appended to the Section. Now, briefly dealing in with the laws involved in the case under consideration; the case in question has fair amount discussions on transfer...

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LAW 3112
CASEREVIEWCASE: PAYNE v. CAVE 1789
SUBMITTED TO: Dr. Siti Salwani Razali
SUBMITTED BY
Abdullah Md Mohabbat 1112221
Abdul Wasey Faheem 1119949
(Section : 3)
FACTS OF THE CASE
The defendant had made the highest bid in an auction. The defendant had withdrawn his offer before the auctioneer had knocked his hammer.
The plaintiff’s counsel opened the case with as: the goods were put up in one lot at an auction. There were several bidders of which the defendant was the last bidder. The defendant had bid 401. The auctioneer had dwelt on the bidding. As the auctioneer dwelt the defendant said, “Why do you dwell? You will get no more. The defendant said he was informed the worm weighed at least 1300 cwt and was worth more than 401. The defendant asked him if he could warrant it to weigh so much, and receiving a answer in the negative he then declared that he would not take it, and refused to pay for it. It was re-sold on the subsequent day’s sale for 301 to the defendant. Against which the action was brought for the difference.
ISSUES OF THE CASE
The issues in the case PAYNE against CAVE Saturday, May 2nd, 1789 are:
1. The highest bidder (the defendant) withdrew his offer before the hammer was knocked.
The hammer is put down to assure that the bidder’s bid is accepted and there are no more bids to come in. The time...

...1. Material Fact :
In this case both parties were entered into leasing agreement. As regard to the agreement, the respondent were stated as lessor while appellant as lessse. Thus, the appellant was defaulted in payment for areas of rent and the payment for leasing of the equipment. Eventhough, the respondent were given several notice and warning for defaulted payment the appellant still failed to pay. Therefore, the respondent were taking back the printing equipment unfortunately the appellant were not given permission and not allowed the respondent to take back the printing equipment. By reason of that, the respondent filed an application for mandatory injunction.
2. Issues of Law :
a. Whether the Court has a discretionary power to issue mandatory injunction on an ex parte application
b. Whether the respondent have a right to possess the equipment
3. Judgment :
a. The Court has a discretion to grant mandatory injunction before trial but the injunction will only be granted for an extremely rare case and also for ex parte application the court will grant only if it is an urgency case. The crucial thing that must be infered from the fact of the case, by granting immediate injunction it will be just and equitable to the plaintiff, otherwise it will only result to irreparable injury and inconvenience.
b. The court approve that there was a leasing agreement and not loan agreement...

...FACTS
This case is about the government of Malaysia as the plaintiff whom had sued Gurcharan Singh the first defendant whom is a promisor of a contract and ORS as the second and third defendant whom act as the sureties of the contract for breaching the contract made between them. The contract is about the government of Malaysia providing the first defendant a scholarship for his study at Malayan Teacher’s Training Institution with an agreement that the first defendant will serve the government in consideration for being trained as a teacher. The duration of the contract is 5 years while the first defendant only served the government for 3 years 10 months only. However during the time the contract was made, the first defendant was in a minor state. The claim for the compensation for this case is $11,500.
ISSUES
There are three issues evolved in this case, these are:
1) Whether the contract made between them is a valid contract?
2) Whether the first defendant is liable on the claim for necessaries?
3) Whether the amount claimed or payable for compensation is reasonable and accepted regarding the case?
DECISIONS
The contract entered into by the first defendant was a void contract as he was an infant at the relevant time. Thus the principal debtor was not held liable and consequently the second and third defendants whom were the sureties of the contract also were not held liable. However, due to the exception on...

...﻿CASEREVIEW
TAN SUNG MOOI v TOO MIEW KIM
The petitioner and respondent were married couple and solemnized their marriage in 1967 under Chinese customary law. They cohabited until 1982 until they decided to live apart. In 1988, the petitioner left their matrimonial home and in 1989 filed an application under section 53 of LRA (breakdown of marriage sole to divorce). The High Court grants decree nisi and absolute after three months. In the mean time, the petitioner filed application for ancillary relief for the divorce respectively under sections 76 and 77 of LRA 1976. Opposed to the application, the respondent raise an issue, that is, the court has no jurisdiction over him as he has converted to Islam. The petitioner then, contended that, as she remained being non-muslim, she cannot seek for maintenance as she has no stand before the Syariah Court. With this regard, she contended that Section 3 of LRA, (Muslim are not subject to this act), are unconstitutional because, her former husband are now muslim and not subject to the act (LRA 1976) and she cannot seek for justice. This application the removed to the Supreme Court.
Issues arose:
Whether section 3 of LRA was unconstitutional in the lights of Article(s) 11(1) and 121(1A) of Federal Constitutional of Malaysia?
Whether the High Court has the power in continuing to grant ancillary relief?
Judge (s): Abdul Hamid Omar LP, Gunn Chit Tuan, Edgar Joseph JR, Eusoff Chin and...

...CASE LAW REVIEW: VTB CAPITAL PLC v. NUTRITEK INTERNATIONAL CORP &amp; ORS
INTRODUCTION
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The company can buy and sell property, can sue and can be sued; these are some of the basic legal implications of separate legal entity.
A very direct consequence which arises with the concept of separate legal identity of a corporation is the misuse of it by people. In reality a company is nothing but an association of persons, who are its beneficiaries, governed by the directors and shareholders of the company. It is nothing but a sum of its members. Thus a lot of times situations arise, when these beneficiaries try to misuse this veil and in such situations the corporate veil of separate legal entity of the company has to be removed and the members of the company are made liable directly. Lifting of corporate veil is one of the most highly debated topics in the business world. The concept of incorporation was introduced only to promote high risk involving but at the same time more profitable businesses among common people as company means limited liability(in its most common form), thus people can limit the risk by forming companies. So if we look at the main purpose...

...CASE: THO YOW PEW &amp; ANOR V CHUA KOOI HEAN
MATERIAL FACT:
The plaintiffs in this case were the elder and younger brother of Dr. Tho Yow Cheong (the deceased) who died testate on 5 December 1996. They were the executors and trustees of the will executed by the deceased which dated on 20 October 1995. On 16 June 1997, the plaintiffs applied to the High Court of Kuala Lumpur by way of petition for a grant of probate of the said will. The defendant who was the wife of the deceased however then entered a caveat with the Registry on 10 July 1997 in order to prevent the grant of probate to the plaintiffs without the defendant being given notice. On 21 October 1997, the plaintiffs commenced this probate action against the defendant praying to the court to decree probate of the said will in solemn form of law. The defendant then counterclaim seeking a declaration that the said will is null and void and prayed that she be grated letters of administration to the estate of the said deceased.
ISSUES:
1. Whether deceased had requisite testamentary capacity to execute will
2. Whether suspicion satisfactory discharged by the party propounding the will
3. Whether the will valid
4. Whether probate should be granted
HELD:
Plaintiffs claim dismissed with cost and defendant’s counterclaim allowed with cost
REASON FOR JUDGMENT:
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...﻿ Janet Case Study
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For the first session I would like to know who Janet is. I would like to look at what kind of emotional connections Janet has with her past. I also want to know how her background from childhood and past relationships, and the role it plyas in Janet's life. I want to know how her past marriages failed and what is she doing differently to make this marriage work. It is important to get this information from Janet in order to know where she is in life, and where she needs to go as far as counseling.
Growing up with a father that was an alcoholic, may be helpful for me to understand her situation and the way she grew up. While being able to relate may help build a relationship, sometime as people we need to know that we are not alone. If Janet is willing to own up to her mistakes and take responisblity for her actions, then she can start to really change. I will attempt to help Janet reclaim her life and help her live outside of her cuimstances.
With Janet it would be benefical to first make sure she gets help with her drug and alcohol problems. Janet needs to realized that she is repeating her past she is living like her parents. Janet will also need to work...

...Mapp v. Ohio
Policy Analysis/CaseReview
Abstract
The U. S. Supreme Court Case of Mapp v. Ohio was a turning point in criminal justice. In this landmark case, Fourth Amendment protections were incorporated into the Due Process Clause of the Fourteenth Amendment. This case, among others, evaluated the role of the Fourteenth Amendment and its application to the State judicial systems. There have been some modifications to the rule since the Mapp case decision in 1961.
Mapp v. Ohio
Mapp v. Ohio was a landmark court case in 1961 where the U.S. Supreme Court ruled that the evidence obtained through illegal searches and seizures by state officers may not be admitted into criminal trials. The ultimate issue for the Court to decide was; can evidence obtained through a search that violated the Fourth Amendment be admissible in state criminal proceedings? Looking through the background, the effects, and the current activity of the courts will help break down the significance of this case.
Background
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